FALL RIVER (AP) — A judge on Tuesday granted a request by former Patriots tight end Aaron Hernandez to suppress evidence from two cellphones and three iPads taken from his home in a search during a 2013 murder investigation.
Bristol Superior Court Judge E. Susan Garsh ruled that police were not entitled to take those items because they didn’t specifically list them in a search warrant for Hernandez’s North Attleborough home on June 18, 2013.
The items were seized during an investigation into the killing of semi-professional football player Odin Lloyd. Hernandez is charged with murder in the fatal shooting of Lloyd, whose body was found in an industrial park about a half-mile from Hernandez’s home. He was dating the sister of Hernandez’s fiancee.
Hernandez is charged separately in the killings of two men in Boston in 2012 after a brief encounter at a nightclub. He has also pleaded not guilty in both cases.
Prosecutors had argued that the warrant authorized the seizure of any global positioning system devices, but Garsh disagreed.
“The police operated under the misimpression that the search warrant authorized the seizure of GPS devices when they seized the cellphones and tablets from Hernandez’s residence,” Garsh wrote in her ruling.
Prosecutors declined to comment on the judge’s ruling, citing a gag order issued by Garsh in the case. Hernandez’s lawyers did not immediately respond to requests seeking comment.
Last month, Garsh rejected a request from Hernandez’s lawyers to suppress evidence from another cellphone and video surveillance cameras at Hernandez’s home.
Prosecutors have said the cameras, which were part of Hernandez’s home security system, show him holding a gun after Lloyd was shot in the industrial park. The video also allegedly shows Ernest Wallace and Carlos Ortiz with Hernandez. Both are charged along with Hernandez in Lloyd’s killing and also have pleaded not guilty.
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